The State of New York recognizes individuals under the age of 16 as minors, and if they have committed a criminal act, they are known as juvenile delinquents. In a criminal proceeding for a juvenile delinquent, the case is taken to a family court, and if a child is convicted, they will be known as a juvenile offender. While the terminology and criminal proceedings may vary between adult criminal courts and family courts, it is still important that an experienced attorney be retained. A criminal conviction for a minor can have negative lifelong effects and greatly hinder their ability to obtain financial assistance, education and work in the future. At Michael A. Arbeit, P.C., we have an in-depth understanding of New York laws governing juvenile crimes and are experienced in handling multiple types of youth-related cases. If you have been arrested, or your child is facing juvenile court, contact the Law Firm of Michael A. Arbeit, P.C. immediately. Long Island, New York Juvenile Defense Attorney. After an arrest, it is important that a Nassau County Juvenile Defense lawyer be contacted right away. The juvenile justice system takes action almost immediately, and the right attorney can make all the difference in the outcome of a criminal case. Depending on the type of crime that was committed and the circumstances of the arrest, each case may vary. Penalties will be dependent upon the specifics of each charge, and with so many varying factors, it is always recommended that an attorney be contacted to ensure the best possible outcome for a case. In some situations, children ages 13 to 16 may be tried in an adult court. This is especially true for children accused of committing a violent crime, and oftentimes, prosecutors will push for these cases to be taken to criminal court in order to "make an example" out of the accused individual. Without the representation of an experienced attorney, a minor could face years in prison, fines and restitution along with a permanent criminal record. If a case stays in the juvenile justice system, a child may be held in juvenile justice system pending trial or as a penalty upon conviction. At the start of the case, the juvenile delinquent will appear at a Fact-Finding Hearing before a Judge. There are no jury trials in juvenile matters handled in Family Court. At this hearing, evidence is presented against the juvenile, and if probable cause is found, the case may move forward to a Dispositional Hearing. Dispositional Hearings determine the penalties that will be required to be served by the juvenile if convicted. In these hearings, parents, guardians and probation officers may testify, and a judge will determine what will happen if the child is convicted. In some cases, if a case is dismissed, the child will not face detention penalties or be required to attend substance abuse treatment or be under supervision. It is very important that all necessary actions be taken to protect your child's future, which is why calling the Law Firm of Michael A. Arbeit, P.C. is your best option to protect their rights. The Nassau County Family Court is located at 1200 Old Country Road, Westbury, NY 11590. The Suffolk County Family Court is located at 400 Carleton Avenue, Central Islip, NY 11722 and also maintains a facility in Riverhead, NY. S 725.00 Applicability.
The provisions of this article apply in any case where a court directs
that an action or charge is to be removed to the family court under
section 180.75, 190.71, 210.43, 220.10, 310.85 or 330.25 of this
chapter.
S 725.05 Order of removal.
When a court directs that an action or charge is to be removed to the
family court the court must issue an order of removal in accordance with
this section. Such order must be as follows:
1. It must provide that the action or charge is to be removed to the
family court of the county in which such action or charge was pending,
and it must specify the section pursuant to which the removal is
authorized.
2. Where the direction is authorized pursuant to paragraph (b) of
subdivision three of section 180.75 of this chapter, it must specify the
act or acts it found reasonable cause to believe the defendant did.
3. Where the direction is authorized pursuant to subdivision four of
section 180.75 of this chapter, it must specify the act or acts it found
reasonable cause to allege.
4. Where the direction is authorized pursuant to section 190.71 of
this chapter, the court shall annex to the order as part thereof a
certified copy of the grand jury request.
4-a. Where the direction is authorized pursuant to subdivision seven
of section 210.30 of this chapter, it must specify the act or acts for
which there was sufficient evidence to believe that defendant did.
5. Where the direction is authorized pursuant to section 220.10,
310.85 or 330.25 of this chapter, it must specify the act or acts for
which a plea or verdict of guilty was rendered or accepted and entered.
6. Where a securing order has not been made, the order of removal
must provide that the police officer or peace officer who made the
arrest or some other proper officer forthwith and with all reasonable
speed take the juvenile to the designated family court or, where that
cannot be done, it must provide for release or detention in the same
manner as provided for a family court proceeding pursuant to section
320.5 of the family court act.
7. Whether or not a securing order has been made, the order of
removal must specify a date certain within ten days from the date of the
order of removal for the defendant`s appearance in the family court and
where the defendant is in detention or in the custody of the sheriff
that date must be not later than the next day the family court is in
session.
8. The order of removal must direct that all of the pleadings and
proceedings in the action, or a certified copy of same be transferred to
the designated family court and be delivered to and filed with the clerk
of that court. For the purposes of this subdivision the term "pleadings
and proceedings" includes the minutes of any hearing inquiry or trial
held in the action, the minutes of any grand jury proceeding and the
minutes of any plea accepted and entered.
9. The order of removal must be signed by a judge or justice of the
court that directed the removal.
S 725.10 Removal of action.
1. When an order of removal is filed with the family court a
proceeding pursuant to article three of the family court act must be
originated. The family court thereupon must assume jurisdiction and
proceed to render such judgment as the circumstances require, in the
manner and to the extent provided by law.
2. Upon the filing of an order of removal in a criminal court the
criminal action upon which the order is based shall be terminated, and
there shall be no further criminal proceedings in any criminal court as
defined in section 10.10 of this chapter with respect to the offense or
offenses charged in the accusatory instrument which was the subject of
removal. All further proceedings including motions and appeals shall be
in accordance with laws appertaining to the family court and for this
purpose all findings, determinations, verdicts and orders other than the
order of removal, shall be deemed to have been made by the family court.
S 725.15 Sealing of records.
Except where specifically required or permitted by statute or upon
specific authorization of the court that directed removal of an action
to the family court all official records and papers of the action up to
and including the order of removal, whether on file with the court, a
police agency or the division of criminal justice services, are
confidential and must not be made available to any person or public or
private agency, provided however that availability of copies of any such
records and papers on file with the family court shall be governed by
provisions that apply to family court records, and further provided that
all official records and papers of the action shall be included in those
records and reports that may be obtained upon request by the
commissioner of mental health or commissioner of mental retardation and
developmental disabilities, as appropriate; the case review panel; and
the attorney general pursuant to section 10.05 of the mental hygiene
law.
S 725.20 Record of certain actions removed.
1. The provisions of this section shall apply in any case where an
order of removal to the family court is entered pursuant to a direction
authorized by subdivision four of section 180.75, or section 210.43, or
subparagraph (iii) of paragraph (h) of subdivision five of section
220.10 of this chapter, or section 330.25 of this chapter.
2. When such an action is removed the court that directed the removal
must cause the following additional records to be filed with the clerk
of the county court or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with the
division of criminal justice services:
(a) A certified copy of the order of removal;
(b) Where the direction is one authorized by subdivision four of
section 180.75 of this chapter, a copy of the statement of the district
attorney made pursuant to paragraph (b) of subdivision six of section
180.75 of this chapter;
(c) Where the direction is authorized by section 180.75, a copy of
the portion of the minutes containing the statement by the court
pursuant to paragraph (a) of subdivision six of such section 180.75;
(d) Where the direction is one authorized by subparagraph (iii) of
paragraph (h) of subdivision five of section 220.10 or section 330.25 of
this chapter, a copy of the minutes of the plea of guilty, including the
minutes of the memorandum submitted by the district attorney and the
court;
(e) Where the direction is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion of the minutes
containing the statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43;
(f) Where the direction is one authorized by paragraph (b) of
subdivision one of section 210.43 of this chapter, a copy of that
portion of the minutes containing the statement of the district attorney
made pursuant to paragraph (b) of subdivision five of section 210.43;
and
(g) In addition to the records specified in this subdivision, such
further statement or submission of additional information pertaining to
the proceeding in criminal court in accordance with standards
established by the commissioner of the division of criminal justice
services, subject to the provisions of subdivision three of this
section.
3. It shall be the duty of said clerk to maintain a separate file for
copies of orders and minutes filed pursuant to this section. Upon
receipt of such orders and minutes the clerk must promptly delete such
portions as would identify the defendant, but the clerk shall
nevertheless maintain a separate confidential system to enable
correlation of the documents so filed with identification of the
defendant. After making such deletions the orders and minutes shall be
placed within the file and must be available for public inspection.
Information permitting correlation of any such record with the identity
of any defendant shall not be divulged to any person except upon order
of a justice of the supreme court based upon a finding that the public
interest or the interests of justice warrant disclosure in a particular
cause for a particular case or for a particular purpose or use.
|